Loss of consortium means, simply, that a family has lost valuable time with a loved one due to the actions or, in the case of nursing home abuse, inactions of a defendant. In a “loss of consortium” claim arising from nursing home abuse, the victim’s family seeks damages based on loss of family relationships due to wrongdoing on the part of the defendant.
Courts often reduce the value of the elderly and their impact on family relationships based on the estimate that their remaining with the family is limited, as opposed to the estimated loss of time a young person may be able to contribute to a family because they are expected to live much longer. Therefore, loss of consortium damages arising from nursing home abuse tends to “devalue” the senior citizen based on their age.
In loss of consortium claims in nursing home abuse, damages are often reduced to monetary amounts based on Medicare rates, rendering cases involving nursing home abuse and senior citizens less profitable to lawyers than cases involving younger adults. An older adult with no insurance, as is often the case, may face complete financial devastation as a result of the victimization.
Because of these dynamics, it is essential to retain the services of a professional nursing home abuse attorney who is seasoned in navigating such obstacles and increasing the likelihood that appropriate damages will be awarded.
We encourage you to contact our office to schedule a free consultation regarding your case, and determine whether you may be entitled to financial restitution.
